(Download) "Holt v. Holt" by Court of Appeals of North Carolina No. 7828DC722 ~ eBook PDF Kindle ePub Free
eBook details
- Title: Holt v. Holt
- Author : Court of Appeals of North Carolina No. 7828DC722
- Release Date : January 05, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
Ordinarily, there is no right of appeal from the refusal of a motion to dismiss. The refusal to dismiss the action generally will not seriously impair any right of defendant that cannot be corrected upon appeal from final judgment. 1 Strong, N.C. Index 3d, Appeal and Error, § 6.6, p. 200; Auction Co. v. Myers, 40 N.C. App. 570, 253 S.E.2d 362 (1979). However, G.S. 1-277(b) provides in part that an interested party ""shall have the right of immediate appeal from an adverse ruling as to the jurisdiction of the court over the person or property of the defendant."" (Emphasis added.) Hence, the question for determination on this appeal is whether the trial court properly denied defendant's motion to dismiss pursuant to G.S. 1A-1, Rule 12(b)(2) on the ground that the court lacked jurisdiction over the person of defendant.
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